N.Y. Environmental Conservation Law § 13-0330: Whelks or conchs; license to take

§ 13-0330. Whelks or conchs; license to take.

1. A person domiciled within the state may take whelks or conchs

(Busycon spp.) for commercial purposes from the waters of the state upon

first obtaining a license from the department.

a. The department shall prescribe and furnish forms for application

for such permit.

b. The fee for such whelk license shall be thirty dollars.

2. A person not domiciled in the state who is domiciled in a state

that provides reciprocal permits or licenses to persons domiciled in New

York state may take whelks or conchs (Busycon spp.) for commercial

purposes upon first obtaining a license from the department.

a. The department shall prescribe and furnish forms for application

for such permit.

b. The fee for such whelk license shall be fifty dollars.

3. Whelk licenses shall be non-transferable, and shall expire on the

last day of December of each year.

4. The holder of a whelk license must be present and must have the

license in possession and available for inspection at all times when the

privileges of the license are being exercised.

5. For purposes of this section, "commercial purposes" shall mean the

taking or landing of twenty-five or more whelks in any one day.

6. The department may, until December thirty-first, two thousand

twenty-nine, fix by regulation measures for the management of whelk or

conch (Busycon and Busycotypus spp.), including size limits, catch and

possession limits, open and closed seasons, closed areas, restrictions

on the manner of taking and landing, requirements for permits and

eligibility therefor, recordkeeping requirements, requirements on the

amount and type of fishing effort and gear, and requirements relating to

transportation, possession and sale, provided that such regulations are

no less restrictive than requirements set forth in this chapter and

provided further that such regulations are consistent with the

compliance requirements of applicable fishery management plans adopted

by the Atlantic States Marine Fisheries Commission and with applicable

provisions of fishery management plans adopted pursuant to the Federal

Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).